Police policy on videtaping questioned at triple murder trial

The question surfaces at just about every murder trial in Albany: “Did you videotape the interview?”

It is typically asked by defense attorneys and answered by detectives, who cite department policy and answer “no.”

On Wednesday, defense attorney Lee Kindlon tried a different tactic in the ongoing triple murder trial of Jovan Underdue. Rather than initially ask the question (to which he clearly knew the answer), Kindlon started asking an Albany detective various questions about his interview with Underdue back on Jan. 30, 2008.

Kindlon then tossed in, “At what point did you turn off the video camera?”

Detective Jason Vogel, in turn, said due to department policy there was no recording. See the story

Kindlon noted a camera was used in the case to film the crime scene. He pressed, asking Vogel if he requested camera use from department brass in this case.

“Did you ask your boss?” Kindlon asked.

The detective said he had not .

At one point, Assistant District Attorney David Rossi objected to the lawyer’s questioning, telling Judge Stephen Herrick it was “asked and answered” and was now “argumentative.”

Some investigators have privately said they wish their interviews with suspects could be videotaped, as it would end allegations the person was coerced into making a confession.

Then again, some Albany County defendants have not been above telling jurors to disregard their own eyes. Back in 2007, former state health aide Edwin Tirado told jurors a video capturing his statement to Colonie police was not, in fact, what it appeared to be.